Re: What do I do now?
- From: "rjn" <email4rjn@xxxxxxxxx>
- Date: 17 Jun 2006 07:31:07 -0700
Lil' Abner wrote:
I had paid a mandatory $2.40 shipping insurance when I paid for it.
May help in any upcoming dispute, but seller is on the hook
I neglected to look and see if the package
was actually insured by FedEx ...
$100 of coverage would have been no-charge, buy FDX is
apt to decline paying a claim due to shoddy packaging.
Doesn't much matter insofar as the dispute, but because of
the free $100 coverage, the seller is likely in violation of
"Insurance: Sellers offering insurance may only charge the
actual fee for insurance. No additional amount may be added,
such as "self-insurance". Sellers who do not use a licensed
3rd party insurance company may not require buyers to
Save any complaint on that score until after you hear if
the seller will refund you (including that fee).
and also I didn't write down the tracking number.
I doubt it will matter. To prevail in a PayPal dispute, the seller
needs to provide an on-line record of delivery. What they will
have is an on-line record of non-delivery.
... whose responsibility is it to pursue the insurance money?
Most carriers will accept a claim filed by shipper or
addressee, but generally it makes more sense for the
seller to do it. Since FDX may not pay off, resist any
attempt by the seller to have you file the claim (making
their incompetence your problem).
Should I file a claim with PayPal right away?
Yeah maybe. See what the other contributors here say.
There's only one claim per sale, and you don't want the
seller burning it on frivolous grounds to keep you from filing.
As events unfold, and you share them here, do not post
literal quotes from the seller, nor reveal their actual name,
address, phone#, etc.
... and nothing in this agreement shall modify the governing
provisions of California Commercial Code § 2401(2) and
Uniform Commercial Code § 2-401(2), under which legal
ownership of an item is transferred upon physical delivery
of the item to the buyer by the seller."
Seller is liable for damage or non-delivery unless otherwise
negotiated. PayPal doesn't even have an "otherwise negotiated"
Regards, Bob Niland mailto:name@xxxxxxxxxxx
http://www.access-one.com/rjn email4rjn AT yahoo DOT com
NOT speaking for any employer, client or Internet Service Provider.
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